Liquor Act 1992 - Queensland

Service summary

To regulate the liquor industry in a way compatible with minimising harm caused by alcohol abuse and misuse.

To facilitate and regulate the optimum development of the tourist, liquor and hospitality industries in Queensland having regard to the welfare, needs and interests of the community and the economic implications of change.

The Act regulates the wholesale and retail sale and supply of liquor in Queensland and applies to liquor producers and sellers who are required to be licensed under its provisions.

It sets out the conditions and requirements relating to licensing and the obligations on all persons in terms of the supply of alcohol.

The following Subordinate Legislation should be examined:

  • Liquor Regulation 1992.

Liquor Act guidelines are available on the Business Queensland website.

Service type

Regulatory Obligation

An obligation defined in law. A business must comply with relevant services.

Definition of terms

Liquor

(1) Liquor is a spirituous or fermented fluid of an intoxicating nature intended for human consumption.
(2) Liquor also includes any other substance intended for human consumption in which the level of ethyl alcohol (ethanol) is more than 5mL/L (0.5%) at 20 degrees C.
(3) Liquor also includes any other substance containing ethyl alcohol (ethanol), which substance is prescribed under a regulation as liquor.
(4) However, liquor does not include a fluid, that would otherwise be liquor, if it is used merely as a preservative or medium in which fruit is offered for sale to the public in sealed containers and with the contents visible.

Premises

includes

  • land;
  • a building or structure on, or in, land; and
  • a vehicle, boat, aircraft, train or other means of transport.
Sell

includes

  • barter or exchange;
  • offer, agree or attempt to sell;
  • expose, send, forward or deliver for sale;
  • cause or permit to be sold or offered for sale; and
  • supply or offer, agree or attempt to supply
    - in circumstances in which the supplier derives, or would be likely to derive, a direct or indirect pecuniary benefit, or
    - gratuitously, but to gain or keep custom or other commercial advantage.

Additional information

Prospective applicants for licences should be aware that they need to provide evidence that the application is in the public interest and also may need to go through a public objection process before the licence is approved, if objections to the grant of the licence are received on public amenity.

All applications must be in accordance with relevant town planning and local government bylaws.

Appeal

Appeal process

Lodgement

Compliance Mechanisms and Penalties:

Authorised officers (including police officers) have powers to monitor and enforce compliance with the Act and to investigate complaints. These include issuing on the spot fines and seizure of liquor from unlicensed premises.

Offences may be dealt with before the Magistrates Court or through Departmental administrative hearing. Such actions may result in heavy fines, suspension or cancellation of a licence, reprimand or issuance of orders on premises.

Review or Appeal Mechanisms:

An appeal against a determination of the Chief Executive may be made to the Queensland Civil and Administrative Tribunal by parties to the application, submission or objection.

Enquiries may be made to:

Registrar
Queensland Civil and Administrative Tribunal.


Administering agency

Department of Justice and Attorney-General
Office of Liquor and Gaming Regulation
Licensing Division

Contact details

Department of Justice and Attorney-General
Office of Liquor and Gaming Regulation
Licensing Division


Operating address:
63 George Street
Brisbane, Queensland 4000
Mailing address:
Locked Bag 180
City East, Queensland 4002

Phone:

13 QGOV (13 74 68)

Fax:

07 3872 0998
liquorandgaminglicensing@justice.qld.gov.au

Supporting information

Disclaimer

The information contained on the Australian Business Licence and Information Service (ABLIS) web site, or via packages or other sources is intended for general guidance only.

To the full extent permitted by law, the Federal, State, Territory and Local Governments make no representations or warranties (expressed or implied) in relation to the information, including its accuracy, currency or completeness.

The business information provided does not constitute professional or legal advice, nor is the use of any third party resource an endorsement of the information contained, the associated organisation, product or service. It is recommended that you obtain appropriate professional and /or independent legal advice to ensure that the material provided here is relevant to your particular circumstances.

To the full extent permitted by law the Federal, State, Territory and Local Governments, their employees and agents do not accept any liability for any reason, including without limitation, liability in negligence, to any person for the general information which is provided herein, or in respect of anything, including the consequences of anything done, or not done, by any such person in whole or partial reliance upon the information.